Kyrgyz Parliament proposes criminal liability for protection of LGBT people’s rights

09.10.2014

Today, 9 October 2014, the Parliament of Kyrgyzstan has considered and submitted for voting a draft law, which proposes criminal and administrative liability for «formation of a positive attitude to non-traditional forms of sexual relations»[1]. This draft law may introduce responsibility not only for dissemination of any kind of information about LGBT communities in Kyrgyzstan, but also, according to initiators, will prohibit LGBT communities to form associations and organizations for protection of their own rights[2].

64 out of 87 MPs voted in favour of submitting the draft law for parliamentary voting. During the discussion MP Tynchtykbek Shainazarov proposed to toughen criminal liability from 1 year in prison to up to 2-3 years, as well as prohibit formation of a positive attitude “in whichever the format of this may be – it can be public propaganda, at a public gathering, in a group of 2-3 persons, or in the family”[3]. The justifications for the necessity of introducing this draft law mentioned by some MPs does not have anything to do with the rule of law in Kyrgyzstan. On the contrary – it is justified by the necessity to protect traditional family values, as well as by the Muslim character of the Kyrgyz society.

The Vice Speaker of the Kyrgyz Parliament Asiya Sasykbaeva, as well as chair of the parliamentary Committee on human rights MP Nataliya Nikitenko, have expressed their dissenting opinion against the draft law, noting that it would negatively affect the human rights situation in the country, as well as lead to an escalation of violence towards LGBT communities on the part of law enforcement agencies. MP Kurmanbek Osmonov correctly noted that the draftlaw contains subjective terms (“positive attitude”), which may be interpreted any way.

Nika Yuryeva, LGBTIQA organization «Labrys»:
“Right now I would like to respond to one simple question, an answer to which is important, taking into account the diluted wording used in the draftlaw, such as “positive attitude”, “non traditional sexual relations”, “traditional values” and others. This question is – what have the members of the democratic Kyrgyz Parliament voted for today?
The MPs have voted for: limiting the freedom of speech and expression by also introducing criminal liability for dissemination of information (there is no country in the world with similar legislation); encouraging physical, psychological and sexual violence against a part of the Kyrgyzstani society – LGBT communities – by law enforcement agencies and radical citizens; growth of suicide rates among homosexual teenagers, who will be left without any access to information and right to support – both from their families, as well as the state; taking away the right of every citizen to form associations and organizations for protection of their own rights; violation of the Kyrgyz Constitution, as well as a number of international human rights commitments of the country…”

LGBT organizations of Kyrgyzstan intend to attract a maximum level of international attention to the process of consideration and voting on the discriminatory initiative: “We will turn to international human rights bodies and other structures, which cooperate with the Kyrgyz government – UN committees, World Bank, OSCE and others”.

Additional information:

The draftlaw «On introducting additions to certain legislative acts of the Kyrgyz Republic»[4] was submitted for public discussion on 26 March 2014. Human rights organizations have appealed to MPs numerous times with a request to recall the discriminatory draftlaw, as it may have negative social consequences. The text of the draftlaw, as well as expert analyses prepared by the Coalition for Justice and Non-discrimiantion are available at the following link: http://goo.gl/ui2LCL

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[1] «On introducing additions to certain legislative acts of the Kyrgyz Republic (Penal Code, Administrative Responsibility Code, Laws on peaceful gatherings and mass media). Source: http://kenesh.kg/lawprojects/lps.aspx?view=projectinfo&id=122027

[2] Parliamentary committee approved the «anti-gay» law. // Azattyk Radio. 07.10.2014. Source: http://rus.azattyk.org/content/news/26624377.html

[3] Citation from MP Shainazarov T.U.'s statement on 09.10.2014.

[4] Draft law «On introducing additions to certain legislative acts of Kyrgyzstan» is submitted for public discussion on 26 March 2014. Source:
http://www.kenesh.kg/RU/Articles/21466-Na_obshhestvennoe_obsuzhdenie_26_marta_2014_goda_vynositsya_proekt_Zakona_Kyrgyzskoj_Respubliki_O_vnesenii_dopolnenij_v_nekotorye_zakonodatelnye_akty_Kyrgyzskoj_Respubliki.aspx

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Comments:

  • Stephen R Korup      22 62014vAsia/Bishkek11bAsia/BishkekSat, 22 Nov 2014 04:12:30 +0600 2014 04:12

    To the Parliament of Kyrgyzstan Please consider this ,You are going to write legislation to control the LGBT community ,mainly the youth in your country and try to Treat them for a condition that you can not cure . These children were born this way and you or anyone else can change that ,it's a terrible shame that President Vladimir Putin Of Russia does not fully understand what the meaning of the word "Homosexual", and he thinks he can Rid his country and what used to be the Soviet Union .Ladies and Gentlemen your Smart people you know that this can not be done ,please reconsider your legislation and offer you LGBT community a set of right's that will not harm them but help them . I am asking a fellow Human Being and as a Gay man from the United States that Actually Cares what happens to the LGBT communities all over the World. I would like to Thank You in Advance For Any and All consideration Given My Request .
    Very Respectfully Yours

    Stephen R Korup

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Quote of the month:

  • Chingiz Aitmatov, kyrgyz writer

    Chingiz Aitmatov, kyrgyz writer

    "I want the person I love not to be afraid of loving me openly. Otherwise - it is humiliating"

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